PORT NECHES, Texas — Day two of sentencing:
Day two of the sentencing hearing for TPC was cut short after lunch today after Judge Michael Truncale had to leave do to a family emergency.
However, prior to this Jefferson County Judge Jeff Branick took the stand as a witness.
Judge Branick says the 2019 explosion left $100K worth of damage to his home.
Branick was called on by Brent Coon, one of the many lawyers representing victims in this case.
Branick shared that he heard a boom that night and immediately knew that the explosion came from TPC.
He then testified that he immediately started planning for the worst case scenario. Branick began calling law enforcement agencies across the county to check how many body bags were available in preparation for many possible deaths.
Another victim, James Demas, says that the blast blew him out of the bed. His home sustained almost $90K worth of damage.
"It's time for us to stand up and our voice be heard. This was wrong, doesn't matter if they are in the community or not. It's not okay to blow everybody up and file bankruptcy, and go hide behind the federal government I think its bologna," said Demas.
Demas says he made a home insurance claim that only covered $42K, with the rest of the repairs coming out of his own pocket.
Judge Branick says he was paid $50K dollars from TPC which he believes came from their insurance. He did not file a claim to get a piece of the $32.5M of TPC's bankruptcy restitution.
Attorney Mark Sparks invited a bankruptcy specialist to speak.
He says the judge may award additional restitution that was signed by the TPC and the U.S. Attorney's Office.
Sparks also believes that the delay will not cause any setbacks.
"Absences from the court and emergencies arise all the time. This judge has been very dedicated to seeing that the victims are heard in this case, and for that on behalf of thousands of victims I am very grateful, but he's also made it very clear that he's going to put a button on this," said Sparks.
Several witness weren't able to take the stand after the hearing was cut short and no date has been set for the next hearing.
officials tell 12News it will be "mid-November".
Day one of sentencing:
Attorneys for TPC have been in court working to finalize their plea deal and close the book on the 2019 Port Neches explosion.
However, attorneys who represent the thousands of victims effected by the explosion are still fighting the agreement.
Tuesday, Judge Michael Truncale's court room was filled to the brim with people.
TPC representatives, lawyers from the U.S. Attorney's Office, and lawyers representing victims watched on, as one such victim shared an emotional testimony on the witness stand.
"You heard Mr. Perez's testimony of the unfortunate passing of his daughter. The very sad passing of his immune compromised daughter, but also his property damage," said Mark Sparks, an Attorney from with the Ferguson Law Firm.
Sparks represents thousands of victims from the 2019 TPC explosion.
"It's very disheartening is how I've described it in briefing to the court, to know that the victims were left to fend for themselves," said Sparks.
During the first day of the sentencing hearing inside the Jack Brooks Federal Courthouse, Judge Truncale called the case "unusual", and Sparks couldn't agree more.
The U.S. Attorney's Office, the government in this instance, that is prosecuting a criminal should stand hand in hand with the victims. So when we put our witnesses on the stand, be it a victim or expert, it's weird for the government to attack a victim, or a victim's witness, or evidence and that's what's happening here," said Sparks.
Sparks says that the government has basically forgotten about the victims.
"The government signed a secret agreement with TPC that forbids them for asking the court at this juncture for more restitution," said Sparks.
Sparks says the plea agreement allows almost 6,000 victims to collect $32.5M from the TPC bankruptcy restitution, but says the damages total closer to $600M.
"If the government has its way at this point and if TPC has its way at this point, you're going to get less than five cents on the dollar out of this bankruptcy, and that is not full restitution and that is not justice," said Sparks.
Sparks hopes Judge Truncale will intervene and find a way to get more money for the victims.
"TPC is out of bankruptcy, it's making plenty of money. Pay back the people whose lives you injured and damage, and pay back the unfortunate souls like Perez's who lost a child," said Sparks.
The hearing will continue at 9 a.m. Wednesday as more witnesses are set to take the stand.